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UNITED STATES v. CAPO

Nos. 78-5244, 78-5279.

595 F.2d 1086 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. David Floyd CAPO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David Lee LUKEFAHR, Stephen Dale Lukefahr and Thomas James Davison, a/k/a Thomas Lukefahr, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 10, 1979.

Attorney(s) appearing for the Case

Ken Davis, James P. Judkins, Tallahassee, Fla., for defendant-appellant in No. 78-5244.

Nicholas P. Geeker, U. S. Atty., Pensacola, Fla., Donald S. Modesitt, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Edwin Marger, Diane E. Marger, Atlanta, Ga., for defendant-appellant in No. 78-5279.

Before GEWIN, HILL and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 10, 1979.

GEWIN, Circuit Judge:

David Capo and brothers David Lukefahr, Stephen Lukefahr and Thomas Lukefahr were tried with four other defendants by a jury on one count of conspiracy to possess marijuana and one count of possession of marijuana in violation of 21 U.S.C. § 846 and 21 U.S.C. § 841(a)(1). The jury convicted appellants but their four codefendants were acquitted. Capo was sentenced to 4 years...

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